Richard Epstein, Private property rights, Three-dimensional property rights, Two-dimensional property rights
Legal Remedies | Property Law and Real Estate | Public Law and Legal Theory
In an era of skepticism about common law traditions and sensitivity to claims of distributive injustice, Richard Epstein has been an unflinching defender of private property rights. He has insisted that property rights are intelligible, and reminded us of their importance to social and economic welfare. In this paper, I shall offer what I believe is a friendly interpretation of Epstein's writings on property, and then pose some internal questions about the approach he has outlined. I begin with a quick summary of his description of property rights in an ideal legal regime.
Sherwin, Emily, "Epstein's Property" (2000). Cornell Law Faculty Publications. Paper 806.
Published in: QLR, vol. 19, no. 4 (2000).